ADMINISTRATIVE COUNCIL
Report on the 179th meeting of the Administrative Council of the European Patent Organisation (Munich, 27 and 28 June 2024)
The Administrative Council of the European Patent Organisation held its 179th meeting in Munich in a hybrid format on 27 and 28 June 2024 under its Chairperson Josef KRATOCHVÍL (CZ).
After the Chairperson's activities report, the Council noted the Office's comprehensive Annual Review report complemented by a video highlighting the Office's main activities and major achievements for 2023, which included the 50-year celebrations, the entry into operations of the Unitary Patent system, a review of the EPO's fee policy, and the launch of the Observatory. The Office reported on the EPO Staff Survey 2024 and received a favourable opinion on the lightly adjusted New Ways of Working policy. The Council also adopted the policy on the secondment of national experts (SNEs), having noted the report evaluating the two-year SNE pilot project launched in 2022.
The Council, as part of the modernisation of the EPO's external governance proposed by the Chairperson, unanimously adopted a Code of Conduct on the prevention and management of conflicts of interest for the Administrative Council of the European Patent Organisation. In closed session, the Council adopted the decisions laying down the rules for appointing and reappointing, and extending the term of office of the President and Vice-Presidents of the European Patent Office and related amendments to its Rules of Procedure (RoP). The Council also noted the request from Bosnia and Herzegovina to be invited to accede to the EPC.
The Council further noted the catalogue of co-operation projects under SP2028. It also authorised the President to open negotiations on validation agreements with the United Mexican States, the Republic of Trinidad and Tobago, and the Republic of Panama.
With regards to building matters, the Council unanimously decided to approve the contract for the lease of the new premises for the EPO sub-office in Berlin and to authorise the President to sign an Amending Agreement with the Federal Republic of Germany, streamlining and simplifying the sub-office-related framework of international and administrative agreements. Furthermore, it gave a unanimous favourable opinion on the building project proposals for the Munich buildings.
Turning to financial matters, the Council noted the opinion of the Board of Auditors and approved their report, along with the EPO's accounts for 2023 and therefore discharged the President under Article 80(5) FinRegs and the Fund Administrator under Article 7(1) RFPSS Regs and Article 80(4) FinRegs. Furthermore, it gave a favourable opinion on the Financial Study Phase II and the Office's opinion on that study as well as a unanimous favourable opinion on the initial budgetary orientations for 2025.
Further, the Council decided on the appointment, reappointment and career progression of members of the Boards of Appeal and of the Enlarged Board of Appeal, based on proposals by the President of the Boards of Appeal. It unanimously decided to appoint Mr Alexander PFISTER (CH) as member and to renew the term of office of Mr Colin BIRSS (GB) as external member of the Boards of Appeal Committee.
Finally, the Council noted the reports from the chairpersons of its various advisory bodies on their recent meetings, namely of the Technical and Operational Support Committee, Supervisory Board of the Reserve Funds for Pensions and Social Security, Budget and Finance Committee and the Select Committee. The Council was updated by the Office on the Unitary Patent, and informed by the delegations of Belgium and Hungary (the countries holding the Presidency of the EU Council in 2024, until 30 June and from 1 July respectively) about the latest developments, progress and priorities on the Unitary Patent and the EU patent package, notably as regards unitary SPCs.